HomeMy WebLinkAboutRES 2005-001 RESOLUTION NO. 2005-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF
ACQUIRING FEE SIMPLE TITLE AND EASEMENTS
UNDER, OVER AND ACROSS THE HEREINAFTER
DESCRIBED LAND, AND AUTHORIZING ITS
CONDEMNATION AND/OR APPROPRIATION TO BE USED
IN CONNECTION WITH THE RECONSTRUCTION OF
BUSINESS 114 L; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That it is hereby determined that public necessity requires the
reconstruction of Business 114 L from State Highway 114 to Northwest Highway and the
City of Grapevine should acquire fee simple title and easements under, over and across
the land necessary for said project.
Section 2. That the property described in the attached Exhibit "A", attached
hereto and incorporated herein for all purposes, is hereby determined to be necessary for
the above mentioned project. That for the purpose of acquiring fee simple title, under,
over and across said property, the Director of Public Works or such employee as he may
designate, is hereby authorized and directed to offer the sum of Thirty-three Thousand,
Three Hundred Thirty-five Dollars ($33,335.00) for the hereinafter described property as
payment for fee simple title and full damages allowable by law, which amount represents
the fair cash market value of the land to be acquired.
Section 3. That the City of Grapevine determines to appropriate fee simple title
and easements under, over and across said property for the purpose of reconstructing
Business 114 L from State Highway 114 to Northwest Highway, as authorized under the
laws of the State of Texas and the provisions of the Charter of the City of Grapevine.
Section 4. That the owner or party claiming an interest in said property, and the
legal description thereof, are as follows:
Exhibit "A"
Owner: Tass Corporation
Ali R. Khan, Registered Agent
Lienholder(s): None
Section 5. That in the event the property owners accept the offer made as
authorized herein, the Director of Finance is hereby authorized to draw a warrant in favor
of the above named, in the amount of Thirty-three Thousand, Three Hundred Thirty-five
Dollars ($33,335.00) for the property described in Exhibit "A". This sum represents
compensation for the fee title property. The total offer represents full compensation for
the fee title and Zero Dollars for damages to the remaining property.
Section 6. That the necessary instruments of conveyance be approved by the
City Attorney as to form and subsequently filed with the County Clerk and returned to the
City Secretary for permanent record.
Section 7. That the City is to have possession of the property on closing.
Section 8. Should the employee designated to make the official offer report to
the City Attorney that the hereinabove named property owner(s) has refused to accept
the sum of money offered by the City of Grapevine as compensation for the taking of the
subject land from said owners under the laws of eminent domain, which amount the City
Council deems to be fair cash market value and just compensation, in compliance with
the laws of the State of Texas, this will be evidence that the City of Grapevine cannot
agree with the property owners as to the damages legally allowable by law. In such case,
the City Attorney is authorized and requested to file the necessary suit(s) and take the
necessary action for the prompt acquisition of said property in condemnation or in any
manner provided by law.
Section 9. That should it be subsequently determined that additional persons
other than those named herein have an interest in said property(s), then and in that
event, the City Attorney is authorized and directed to join said parties as Defendants in
said condemnation suit(s).
Section 10. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this resolution shall become effective
from and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of January, 2005.
APPROVED:
William D. Tate
Mayor
RES. NO. 2005-01 2
ATTEST:
F .
AIM A — - ffLomor;
Linda Huff Or
City Secretary
APPROVED AS TO FORM:
- )
John F. Boyle, Jr.
City Attorney
RES. NO. 2005-01 3
Parcel 2
EXHIBIT. . As.TO 0200S-o( BS 114 L
Page . I Of ...3■ CSJ:0353-07-014
April 15, 2004
Exhibit A,Page 1 of 3
Legal Land Description
BEING 0.0550 acres of land, more or less, situated in the City of Grapevine, County of
Tarrant, State of Texas, being out of the Esther Moore Survey, Abstract No. 1029, and
being a portion of that certain tract of land conveyed to Taas Corporation according to the
instrument recorded in Volume 15876, Page 272 of the Deed Records of Tarrant County,
Texas, said Taas Corporation tract being all of Lot 1, Block 1 of Lot 1, Block 1 — Mac's
Corner Addition, an addition to the City of Grapevine, Texas, according to the plat
thereof recorded in Cabinet A, Slide 1582 of the Plat Records of Tarrant County, Texas,
which 0.0550 acres (2,395 square feet) of land, more or less, are more particularly
described as follows:
BEGINNING at a 3-1/4 inch Texas Department of Transportation aluminum disk set for
corner in the existing northerly right-of-way line of Dallas Road (variable width right-of-
way), from whence a 1/2 inch iron rod found at the southwest corner of the
aforementioned Lot 1, Block 1 — Mac's Corner Addition bears South 89°47'12"West
178.93 feet, said aluminum disk being 97.35 feet left of station 32+74.89 of the proposed
centerline of BS 114L and being in the proposed westerly right-of-way line of BS 114L
(variable width right-of-way);
(1) THENCE North 30°18'47" East, departing said existing northerly right-
of-way line of Dallas Road and with said proposed westerly right-of-way
line of BS 114L (variable width right-of-way), 49.68 feet to a 3-1/4 inch
Texas Department of Transportation aluminum disk set corner;
(2). THENCE North 17°29'45" West, continuing with said proposed westerly
right-of-way line of BS 114L (variable width right-of-way), 136.12 feet to
a 3-1/4 inch Texas Department of Transportation aluminum disk set for
corner in the_northerly line of the aforementioned Lot 1, Block land the
southerly line of those certain tracts of land conveyed to Sue Robbins and
Joe Robbins according to the instrument recorded in Volume 9630, Page
845 of the Deed Records of Tarrant County, Texas, said aluminum disk
being 60.54 feet left of station 34+44. 7 of the proposed centerline of BS
114L;
(3) THENCE South 89°49'58" Fast, departing said proposed westerly right-
of-way line of BS 114L and with said northerly line of Lot 1,Block 1 and
the southerly line of said Sue Robbins and Joe Robbins tracts, 10.49 feet
to a 1/2 inch iron rod with plastic cap stamped "NDM" set for the
northeast corner of said Lot 1, Block 1 and the southeast corner of said
Sue Robbins and Joe Robbins tracts, said iron rod being in the existing .
westerly right-of-way line of BS 11 4L(variable width right-of-way);
r
• Parcel 2
EXHIBIT TO ecs•oloos-a l BS 114 L
Page , e of , 3 CSJ: 0353-07-014
April 15, 2004
Exhibit A, Page 2 of 3
Legal Land Description •
(4) THENCE South 17°29'45" East, with the existing westerly right-of-way
line of said BS 114L, 160.86 feet to a 1/2 inch iron rod with plastic cap
stamped "NDM" set for corner, at the most easterly southeast corner of
said Lot 1, Block 1 and the north corner of that certain 20'x25' right-of-
way dedication per the aforementioned plat of Lot 1, Block 1 — Mac's
Corner Addition, from whence a 1/2 inch iron rod found at the southeast
corner of said Lot 1, Block 1 — Mac's Corner Addition and said 20'x25'
right-of-way dedication bears South 17°29'45" East—20.00 feet;
(5) THENCE South 44°43'43" West, with the northwesterly line of said
20'x25' right-of-way dedication, 26.98 feet a 1/2 inch iron rod with plastic
cap stamped "NDM" set for corner, in the aforementioned existing
northerly right-of-way line of Dallas Road, at the most southerly southeast
corner of said Lot 1, Block 1 and the southwest corner of said 20'x25'
right-of-way dedication;
(6) THENCE South 89°47'12" West, with said existing northerly right-of-
way line of Dallas Road, 24.02 feet to the POINT OF BEGINNING and
containing 0.0550 acres or 2,395 square feet of land,more or less.
NOTES:
A Plat of Survey of even date accompanies this Legal Description.
Bearings for this survey are based on the NAD 83 Datum, Texas State Plane Coordinate
System,North Central Zone and referenced to control monuments 2, 3, 4 and 5 provided
by TxDOT for this project.
Prepared By:
Nathan D. Maier Consulting Engineers, Inc.
Two Northpark
8080 Park Lane, Suite 600
Dallas,Texas 75231
"Preliminary, this document shall not be recorded
for any purpose." Release date: 04/15/04
John L. Melton,Texas R.P.L.S.No. 4268
Registered Professional Land Surveyor
•• PLAT OF SURVEY Parcel 2
SHOWING A BS 114L
CSJ 0353-07-014
0.0550 ACRE TRACT OF LAND April 15, 2004
/ ) THE Exhibit A, Page 3 of
\\\ ESTHER MOORE SURVEY
ABSTRACT NO. 1029
TARRANT COUNTY, TEXAS
NORTH ExHiBir.IL_ s. s-o
SCALE: 1"-60' Page r of `_
SET 3-1/4'TioOT Or IRF(BENT)
5' UTLI TY EASEMENT 60'x. S 89'49;58" E
VOL. 388-166, PG. 58
PRTCT STATION 44 T7 1/I'RS 10.49'
_1_ r 1.1 WAtekli CAP
5' UTILITY EASEMENT Z ':' \1>
CABINET A, SLIDE 1582
PRTCT v ::,; p
uJ N 7C'KEI
(As
U' i
*. : s w_..
PROPOSED in 7.. 41-
R'CNT-CF-WAY 4
10' U77UTY EASEMENT , ss 11C
CABINET A, SLIDE 1582 W •.::::, i
PRTCT CO pT 1 t.P >
.• :•: 0 V+
SET,-1/r r,OOr.)::..C7 'G
10' UTILITY EASEMENT ALLANNt,Y DISK
CABINET A, SLIDE 1582 ..A:::.:.: 1/z"RS
PRTCT N .3078'47* E w/uav cAs 1rz�'-�5, E
49.68' 20.00'
S 89 47'12- W 178.93 ;
1/1'nr ' s�ET s-r/4•roor ::::;� VA'OF r
ALASIONLIN O "ID ii CAP $ 44'43'43' W
PROPOSED r� 26.98'DALLAS ROAD STATION 2 \ 26.
374.69 1 • — . _ . .
(VARIABLE WIDTH RIGHT--OF-WAY) POINT OF S 89'47'12" W
•-145
BEGINNING 24.02\ ' c • 0
I \ *NA-64.
•
OW/RPLS 1855 CAP
. `
1
w
LEGEND 1-#
\s,
0 = Corner monument found/set as noted \IRF = Iron Rod Found
IRS = Iron Rod Set
— • — - • — = Existing Roadway Right-of-way NOTES:
Boundary Line
A = Right—of—way Line A Legal Description of even dote accompanie
= Property Line this plat.
— — = Survey Line
= Proposed Centerline Bearings for this survey ore based on NAD I
— = Existing Easement Line Datum, Texas State Plane Coordinate System
DRTCT = Deed Records of Tarrant County, Texas North Central Zone and are referenced to cc
• PRTCT= Plat Records of Tarrant County, Texas monuments 2, 3, 4 and 5 provided by TxDO
VOL., PG. = Volume. Page for this project.
NATHAN D. MAIER CONSULTING ENGINEERS. INC.
Two Northpark / 8080 Park Lane / Suite 600
_..\ D v 1008EX02.DWG Dallas, Texas 75231 / Ph. (214) 739-4741 JOB NO. 01-0